Sep 13, 2011

Federal judge in PA rules that the Obamacare mandate is unconstitutional


The AP is reporting that Judge Christopher Conner, a U.S. District District Court Justice for the Middle District of Pennsylvania, has ruled that the requirement to purchase health insurance written into President Barack Obama's health care overhaul is unconstitutional. His ruling today stated that the mandate forcing individuals to purchase health insurance is an unconstitutional extension of the powers granted to federal government under the Constitution's commerce clause.

I just can't see how any logical reading of the Constitution would allow someone to conclude that the federal government has the authority to force you to buy a good or service. I know individuals advocating for the mandate bring up how states force individuals to purchase car insurance.

But the Obamacare mandate is totally different. First, it requires everyone to purchase health insurance or they will incur penalty in the form of a fine. Second, auto insurance laws are controlled by states and not the federal government. Which is why the same mandate passed under then Governor Romney is constitutional in Massachusetts.

Most likely this debate will ultimately be settled by the Supreme Court and will be struck down by a 6-3 decision. Yet another reason why Congress and our next President should vote for a total repeal of Obamacare.

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